Class Action Case Challenges Target’s Allegedly Restrictive Employee Rest Break Policy
Last Updated on May 29, 2018
De La Cruz v. Target Corporation
Filed: May 4, 2018 ◆§ 3:18-cv-00867-DMS-WVG
A former San Diego Target employee has filed a class action on behalf of California workers over the company’s allegedly restrictive rest break policy.
A former San Diego Target employee has filed a proposed class action on behalf of California workers over the company’s allegedly restrictive rest break policy.
Recently removed to federal court, the lawsuit claims Target provides employees with purported rest breaks during which the workers are “uniformly not permitted to leave” a store’s property. The plaintiff argues that Target’s supposed rest breaks are, in truth, illegal on-call or on-duty periods that do not satisfy the California Labor Code’s rest break requirements.
“[The defendant] maintains a uniform written policy and practice of compelling employees to remain at the ready and tethered to company premises at all times during each of their purported ‘rest breaks’ in violation of the California requirement to relieve employees of all work duties and employer control during 10-minute rest periods,” the complaint reads.
Rounding out the 11-page lawsuit is the charge that Target, as a result of its allegedly illegal rest break policy, failed to provide proposed class members with accurate wage statements that accounted for every hour worked and all wages earned, including those for “missed rest breaks.”
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